Monday, 19 November 2012

Letter to Maharashtra CM-II

Dear Chief Minister,

You have not replied to my email but only forwarded it to someone called Amitabh Rajan, whom I do not know, and who has not had the courtesy to respond to me. Please realize that the matter is much too serious to be taken in this cavalier manner, because the principle of liberty is at stake.The entire nation wants to know what action you have taken. I would therefore request you to immediately let me know what you are doing in this matter.

Are we living in a democracy or not ? How can a person be arrested for objecting to the shutdown in Mumbai on Thackeray's death ? Article 21 of the Constitution, to uphold which you have taken an oath, states that no one can be deprived of his life or liberty except in accordance with law. Does Article 21 not exist in Maharashtra ? Does freedom of speech guaranteed by Article 19(1)(a) also not exist in your state ?

Please realize that silence is not an option for you in the matter. The entire nation is furious at this apparently illegal arrest. Therefore I once again request you to tell me, and through me the entire nation, why this arrest of a woman was made in Mumbai just for putting up an apparently innocuous material on the Facebook, and what action you have taken against the delinquent policemen and others involved in this high handedness and blatant misuse of state machinery

Regards

Justice Katju (Chairman, Press Council of India and Former Judge, Supreme Court of India)

134 comments:

Thanks a lot to u....atleast sumone has a courage to ask the Question.."Why????"Also what actions has been taken by Police against the Shiv Sena workers who attacked and ransacked her (arrested Girl)uncle's orthopaedic clinic at Palghar.

Mr Katju is a cyclone in the cup of Congress (I). He is shocked with so much disciplined Bal Thackrey Lovers!!!Mr. Katju is gone mad to see never before and never in history... the followers & peaceful gathering at any funeral as in the funeral of divine man of true speech, word & promises!

Silly objections from silly Common Man.. Stop underestimating the power of these comments and the power of common man. Look what happened in Egypt, Libya and other countries.. It was named as Twitter revolution as social sharing services like Facebook and twitter were used to organize such revolutions and overthrow the Government..

And if these comments are silly then the Status update by that girl should also be silly and should not be taken with such seriousness... Ur logic is silly so just shut and continue your life of ignorance, intolerance and racialism.

Thank you sir, I hear from social media that the case has been withdrawn andthe govt.has decided to transfer the concerned officials. Still, sir,but for this wrong arrest the girl would have continuted her normal life. Now that her liberty guaranteed been infringed by the officials. The violators have pushed a fear on the minds of the general public and succeeded to check them from freely commenting. Hence, I request you kindly to further take up the matter for a stringent punishment on the violating officials.

Keep at it, Justice. I voted for this party, and even if I hadn't, I would have an equal right to demand an explanation.I guess they thought the highly successful red tape mantra would have saved them from this issue also. But it won't. Forwarding it on may be some action, but it is not the complete action.

All of us should come out in support of these two young girls so that our future generation doesn't stay in slavery and fear.I am sure these two girls will be too scared to express themselves in future and will loose their self confidence if we don't support them now and let Bal Thackery's grandson apologize to them on the Party's behalf

Deviji dare to ask the same to the grand sons of Indira for Sikh massacre in Delhi as well as in whole country!Looking at the sycophant gaining higher position in Soniaraj, Mr katju may have been tempted to take the advantage of sycophancy to enter in politics. This days every other person from a unknown ally is trying this ever green formula of sycophancy! Best of luck Mr. Katju!

Sir, how can we make public servants to understand The provisions of Constitution of India. Had it been there would not have been lacs of petitions filed in SC under article 32. What to say about subordinate employees, even IAS's do not know and do not try to know for better administration in India.

Sir, What you are doing is a sacred action. The impact of this would encourage many intellectuals and Judges to speak up and stand up for FREEDOM OF SPEECH. We are lucky to have a fearless judge like you. I hope Shiv Sena will understand why you are objecting such things.

corporate influenced govt. and sold beurocrates hav taken the nation as their doormate..and that we woukd certainly not allow.everything will change and we will do it..so that atleast next generation would c india what gandhijee had ever dremt of..

Shahnawaz don't be so much exited, Mr Katju had been justice through all his life and still he has to ask this question is not a good sign to look at him. Its a economics law "Everybody is driven by his/her own interest". He want to spoil the show which has been a surprising to whole world and he is doing so, so that the vote bank will turn again to unethical rulers of 65 years who really bent the laws of this country.Best of luck Mr. Katju, to achieve the things of your own interest!

Sir, it is heartening to read the actions that you have taken and your insisting for an immediate action. i am sure u know there is more to it - the girl's uncles clinic was ransacked and i read this on the NDTV website - The two Mumbai women were ordered by a court to 14 days in jail for their Facebook post. They were bailed within hours of being arrested after paying two Rs. 15,000 bonds.

I am rather surprised over the desperation that Hon' Ex Chief Justice of India is showing here. As we all know, matter is sub-judiced and law will take its course. I also register a strong protest over vandalisim that girls family faced irrespective of who did it. But; I would have also loved to see a similar letter from Mr Katju to Pondycherry administration seeking similar explanations over arrest of a small businessman for his tweeting about "How Mr. P Chidambarm's son is even richer than Mr. Robert Vadera". I guess Mr. Katju might have made a pass as it is not possible to hold the beacon all the time. May we all think twice before we agree or disagree.

that sentence "the law will take its own course" is the favorite escape-statement of the government when they are caught red-handed, and it actually means "the law will sleep and let the accused get away".

Shiv Sainiks certainly would'nt want to give away the appreciation they received for maintaining Maharashtrian 'sanskar' on the day of the cremation of Balasaheb despite incessant provocation from a section of the media.Cong led UPA is in power both at the centre & in the state.Shiv Sena is in opposition, why should they be targeted for the actions of the state.It's the Cong in the centre wary of the social media & they have said so unabashedly on several occasions.Those involved in vandalism must be brought to justice ,it's the job of the Cong/UPA govt of Maharashtra & not of the parties that are in opposition.By the way no one seems to be asking why should Cong/UPA be obliging the 'sainiks'? Intriguing ,no?

And yah,this activism strengthens democracy but its seductiveness is suspect.What happened to the guy who tweeted a comment on the Union Home Ministers's son or the man who took picture of the HM at the airport?Vehemence seen now was missing then?

Selective about aware of rights is a fashion of most of the 'retired' bureaucrats who were more or less part and contributors of spoiled & corrupted bureaucracy. Now to be in limelight they do this 'extra ordinary activity' to restore themselve as evergreen sycophant...Cheers one more 'hero' happening in mainstream politics!

When Police use 'give & take' formula they democratic... when they are strict & follow rules... they are undemocratic...!Where were you Mr. Venkata BRB when Maharashtra Police were attacked by terrorist, when they were attacked in Azad maidan by religious mob, when female Maharashtra Police were attacked and hurt disrespected ?

When people cannot answere the facts and have no connection with society, are self centric and interested to keep light only on them or their 'hero' address others as 'sick', 'jerks'... do they have ideology ? no the perfect word for this mentality is is 'idiocy'!

Please, will you enquire Indian Express for the statement that is also very sensitive and taking the due-advantage of so-called "Freedom of Speech"/"Constitution freedom of speech". It can't be different for person-to-person; please go through the statement (made By: Rajinder | Saturday , 17 Nov '12 22:10:05 PM) that may create 'hurting to sentiment' disaster once again in country...http://www.indianexpress.com/comments/Bal-Thackeray-dies-in-Mumbai-with-Uddhav-Raj-at-side/1032474/1

Implicit in our Right to Freedom of Expression is the Right to Offend. Without this right, we have to put up with insane laws like IPC Sec 124A (Sedition), Sec 66 A of IT Act, etc.

The youth should grow up not fearing from expressing their thoughts, their ideas, and critiques. Freedom of Expression is not just about tolerating agreeable opinions and ideas, but especially the disagreeable ones.

Dr Babasaheb B R Ambedkar must be crying in heaven when he must be reading such articles interpreted in such convenience for personal interest & favor instead of civilization of society as a whole, for human kinds at large !!!

Cheer up all the cyclone in the cup of some or the other politicians!!!

Thank you for writing on this. This reminds me of the message in Gautam Adhikari's book - The Intolerant Indian. If we want India, we need to live together inspite of our differences. This is no easy task but one of the means of getting there is to talk and not fight.

Our democracy, being Indian, living and thriving in diversity - all of these are put on the line by a poisonous legacy demanding respect by spreading fear. It is a cheap form of leadership and it infects the very core of our dynamism. Not all of us are scared away by big bullies, you stand your ground Justice Katju and fight for who we really are. Thank you for not cowering!

In this connection, I would recommend we read the editorial in 'The Hindu" dt.20th for a balanced view on legacy of Balasaheb. I don't think any other newspaper took it upon themselves for a critical analysis. One of the best written editorial.

Any law which impinges Article 19(1)(a) should be repealed and fought tooth and nail. That should be the objective. If freedom of speech is not protected, then everything our founding fathers fought for and sacrificed is lost.

The action of Mumbai police is gross misuse of power. Going by reports, it seems that the police called the girls to the police station at night for questioning. This is against the guidelines issued by the National Human Rights Commission

Dear Sir,While I commend a prompt action taken by you through your emails but this is India and I consider that as usual nothing will happen to all those policemen who have ordered and executed the arrest. At the most the police would withdraw the case or their case would be dismissed by courts. In the last the young lady would be exonerated. What will happen that because you have taken interest in this case, things might happen faster. Sadly I do not have the confidence that in this country any prompt and appropriate punishment would be given to those criminal officers. This has all happened because no action was reported to have taken against the criminal police officers in Aseem Trivedi's case in the recent past. Police in India are confident that they can do whatever they like without any legal consequences. It seems that partly Indian judiciary is also responsible for boosting the confidence of errant government officers thereby diminishing the respect for the rule of law. One of the classic example is the case of Aniruddha Bahal decided by Delhi High Court by Justice SN Dhingra on 24 Sep 2010. In that case despite finding that the police acted malafidely in that case Justice Dhingra did nothing against the police, he merely granted the relief to the petitioners but did nothing to discourage the corrupt police officer/s.It seems that doing nothing against the police has become the habit of Indian courts. Unless stern and prompt action is taken by the courts in India against the corrupt officers, this will continue to happen again and again.

Dear Justice KatjuI am moved by the alacrity with which you have writeen a letter to CM of Maharashtra on arrest of a Muslim girl after her arrest due to some obscene posts in FB.

However, i failed to see a similar response from you on arrest of a person for his tweet against son of our current Finance minister & earstwhile Home Minister. Further, you chose to remian silent on arrest of a person for taking mere photo of the same finance minister.

Also you have failed to speak against the IT law enacted by His Excellencey Mr minister Kapil Sibal which empowers the government to arrest any person for posting/tweeting against the rich/powerful. Goverment has done its part in gagging citizens of India with active support from your favourite mainstream media viz newspapers/TV channels BUT you chose to remain silent

Now, when someone from SS uses the same law for acting against persons who used profanities against a dead person ....you acted & with remarkable promptness!

Dear Harish,Before posting such comments think twice what you have done for country or points you have mentioned in your comments, and all Indian knows what Justice Katju did for our country. so please dont raise a figure on a person like Justice Katju

A man was arrested in Gurgaon for posting some comments against Sonia Mata in Orkut. I am waiting for dear Justice Katju for speaking against this arrest.

Dear UdayI dont have any issues with Justice Katju, i hold him in high esteem for his erudition & experience. But what peeves me is this selective outburst on incidents. Why not speak when the protagonists are people from party running the goverment.

The dots are too obvious to miss. I have put this post simply to highlight this aberration. I want justice to comment on these (govt/congress) transgressions!

I assure you Uday...even if lakhs of people raise what i have raised today , still there shall be no note of my/our concerns

Hi Harish, You have my support. It really hurts when people take double stand(at least what it appears to be) when it comes to Maharashtra or its people. Unfortunately, Justice Katju found nothing offensive in statement. This is OK. I do not expect that other people should also be offended by this statement. But I did and I am sure there are more people who will find this statement as offensive. Does my feelings or feelings of similar people are not protected by the LAW?

This post is not intended to offend/disrespect any individual, group of people, nation or state. If you found any problem in the post then please feel free to delete it or ask me to remove it.

I remember the incident when a hotel named after the daughter by person as "Sonia Bar" was totally broken down by Congress (I) party workers.... where were you Mr. Katju? You were in position with all power? Now why this sychophancy now?

I agree with your view point that there were definitely reported/un-reported incidents which no body took a stance upon. But should you/me/we or Justice Katju shut our mouth for ever? somebody needs to voice out at some point of time, no? somebody needs to address it someday, no? Its not an outrage against any Sainik, It's an outrage for Justice. Its just a mere coincidence, if SS became its prey.

Its really unfortunate that every time someone raises a voice in our country, fingers start going up on why this was not done by that person on so many previous occasions. By the logic Harish has taught us, if a person sits quiet once, he looses his constitutional right to oppose this kind of nonsense.

Dear Harish and others who agree with his views, please stop questioning the intent of every voice which is raised in this country. Even if has happened for the first time, atleast someone has taken a step ahead. It better than keeping silent and bowing against the terror which the city witnessed on 17th and 18th (which was the principal reason for the Band) and shocking disregard for constitutional freedom by the state machinery.

Just because Congress did something wrong will not mean that everyone has the right to do whatever they wish. Any outrageous and insane act by any political party is valid under any circumstance. you cannot pardon a murderer saying that so many murderer is roaming free in India so let us leave this murderer too..

its time that we develop our mentality and behave as an educated group of people and not as barbaric people who believe that anything can be done if you have power

Mr, Harish these ywo girls arrest matter is different and ranked high, our Indian democracy is in threat in view of world countries see FB and twitter everyone sad. So elite people like Kajtu ji responded, what is If she is your sister, would you talk like this? understand pls

Thank you for writing these mails. It's so frustrating for commeners like us to see this blatant misuse of power by police. I'm however further amused that the girls were given 15 days remand . Does this mean that even our judiciary system is scared to deliver Justice to the innocent ?Thank u once again for taking a tough & definite stand and condemning the action of the police.

I am surprised how quick the Mumbai Police acted against Aseem Trivedi and put up charges of sedition against him. Where was the Mumbai Police when Bal Thackeray was making anti-nationalist comments as to his "bhumiputra" theory which stands against the very Constitution of India? Ahhhhh..... I smell hypocrites!!!.....

This is the simple answer Hate speech the Congress forgot about http://www.thehindu.com/opinion/lead/article2811883.ece After reding this one will come to know how many cases pedning against Tahkerey which had never seen the day light till his death

Kudos to your work...It is extremely pathetic to see that we are living in a country where a facebook comment attracts imprisonment. But at the time same time it is consoling to see at least some one like you are standing up for a common man's right of freedom of expression.

This kind of scenario is not confined only to Maharashtra. The situation is similar in many states. Let me give an example. In Andhra Pradesh, recently there was a movie released after all the process of censorship. But after release movie was stopped, audience were attacked, director was threatened. All this happened because the movie has a dialogue that says - "National integrity is important and people should oppose any attempts to balkanize India based on caste, race, religion and region". This dialogue angered Telangana activists and they publicly threatened the producer and director. Irony is producer and director apologized for the issue.

Every thing in Mumbai done from blackmailing only.No respect for law, few thousand members can raid a girl's house, police also communal and divided. Here I am exercising my right of speech, but fear of being arrested, no problem I have Khatju sir..no more worries

Thanks Justice Markandey Katju for taking up this matter.. The matter is deeply disturbing for anyone in this country who values their liberty as one of our biggest asset. I have seen many of my friends backing away from expressing their thought on facebook after yesterday's absurd and undemocratic act from the Police. this is a threat to fabric of our basic social republic idea- that we need to afraid of our police before expressing our views. in this country where corrupt/divisive politicians are walking freely - it was alarming to see a girl being charge sheeted/arrested/disciplines in a matter of hours for doing nothing.

This is serious matter - request to you to take it to the highest levels and ensure the culprits are caught and justice be done. thank you,

If not for people like Mr. Katju, the country would've been sold long ago. However, the sedition law and the law in this case have been misused repeatedly and Mr. Katju has gone on record saying that he'll initiate action against people if this happens again. Here's the link --

Thanks Mr. Katju for taking up this issue seriously and atleast making an effort to stop this pandemonium. It is a matter of shame that there are some people who have failed to understand the intensity of the situation. I guess because whenever somebody raises the issue, there always seems to be someone ready to pounce with various other accusations. Before cribbing about the fact why this point was not raised previously when similar incidents took place, I wonder why can’t we appreciate that somebody is trying to make an appeal NOW. I am a part of the AAM Janta and I am not really well-versed with the law but being a citizen of India the first topic we were taught in schools and colleges as an understanding of our civics- rights and responsibilities was Article 19. If we still fail to achieve justice in this particular case I would like to request our CM and chief authorities to kindly stop educating people about democracy.

Sir, you deserve all praise for the good humantarian work you are doing. I would suggest you write to the Chief Minister to suspend the District Superintendent of Police, Thane Rural under which the Palghar area falls, for failing to guide his juniors. He is morally responsible for this. The case should be investigated by the CBI and the Congress Chief Minister should take the initiative of handing the case to the CBI for a fair probe and suspending the SP and others who created the mess for no valid reasons.

Thank u Sir g u r Not Like bollywood Actors who supports Inncent pple in film but nevr Speck for Socity in real life ..this is a example no one dare to Speak about this issue..But u r the Real hero of India ..Thank u Sir g

I can't believe that a girl of twenty one could be arrested for making such an innocuous post on her Facebook account and another for just 'liking' it and that in a supposedly cosmopolitan city like Mumbai of a supposedly democratic country like India. As if that was not shameful enough, more than a thousand goons attacked and vandalised her uncle's orthopedic clinic.

Shaheen Dhanda has become India's Malala Yusafzai; everyone who cares for human rights in India and elsewhere must stand up and unequivocally condemn these malicious assaults. I am so thankful to Justice Markandey Katju for taking a lead in this matter in his inimitable way.

I like to quote from the US Supreme Court report "As the world moves forward, the courts must be responsive to change, while preserving their place as the venue where justice is achieved through impartial judgment and dispassionate application of law. The judiciary, no less than other public and private enterprises, must engage in strategic planning to anticipate and overcome new challenges in the immediate and more distant future". Can I request the Judiciary to initiate a suitable action in public interest?

Thank you very much, for raising the issue of a common girl , who has been put under the unbearable trauma and in doing same a high standard of terrorizing has been set in young mind. I am very very much fearful even in login my FB account and even I am in very much doubt and fear that, even posting a comment on your blog can put me in life time imprisonment, This fear is new and I have not been through it ever before, and going through this I can just get a hint of state of mind the girls must be going.Sir, I have the utter most and highest respect for your profession and the institution you have served, THE SUPREME COPURT OF INDIA. It is the only hope of ray that, though late the justice in some cases will be done. I respect your legal genius, but I am quite failed to understand, how come police and state authorities can act within 20 minutes of posting a status and arrest the poor victim, but the investigation of the same processor will take month by the same police and all intellectuals, legal genius , courts and all agencies of the India, feel helpless in helping those girls, than trails will take years, and finally nothing will happen(like in earlier cases, recent case of cartoonist Ashim). How the same law which while used by police become so fast in humiliating, arresting and terrorising the poor girls, arresting in night, vandalising his relatives property , same law is so slow, moving like snail in counter action by course of law.I don’t think one need to be an legal expert to know that this whole act was illegal, if a common man can say that and violence and vandalising , I don’t think can be justified in any course of law.Please clear my doubt, which is respectable? the law of governing or law of muscle? Would our law bring justice to the girls? And how will it compensate for the trauma and insult she is putted through and will go for next few years (which this inquiry and proceedings will go on), her normal life is disturbed and youth is terrorised. The culprit is a strong system who is on media channels feeling proud for the same.

I request you to start legal proceeding in the same case because if a culprit system will investigate its own fellow nothing will happen and same is being observed for so many years and its has been established.Thank you very much again for at least giving a voice to it.And I am not writing this to hurt anyone’s sentiment so, please don’t arrest me, I am a common man.

Nice to see your effort sir. We can feel that someone is there who can raise his voice for common people. But I want to ask 1 question have you taken any similar steps when the person from coimbatore was target for posting some comments on twitter?

Please sign the petition to support Shaheen Dhada and demand that the police personnel are brought to justice:http://www.avaaz.org/en/petition/Drop_all_charges_against_Shaheen_Dhada_and_Renu_Srinivasan/?fncnsbb&pv=0

It ahs been a week and no action has been taken yet, The report of IG also submitted, people are waiting for an action angainst guilty.Please take up the matter otherwise it will be diluted as it happens.

An honest critic always discusses good and bad, both positive and negatives aspects of an action or activities of a person. When he discusses about one side of an action or activities of a person, he is considered a one eyed-man. I think that it is not fair to pass a comment about a matter without clear knowledge and first hand experience regarding that matter. An experienced person always knows that easy to say but difficult to do. Also an experienced and an actual knowledgeable person would always try to understand the real fact of the matter before he passes any remark on that matter. It has always required a certain length of time for repairing a damaged house. An idle brain is a devil’s workshop. We may want something for our own self from somebody, and if our expectations are not met, we don’t fail to pass appalling remarks against that person. We also try to highlight ourselves in the media without doing anything for the common people.

Flowers to Chennai delivery are free, safe and secured with www.chennaiflowers.com. We being Local Flower Shop are cheaper than other florists in Chennai. We deliver fresh Flowers, Cakes, Sweets and other gifts on door, you can order online to send flowers to Chennai